Section 229 in The Gujarat Municipalities Act, 1963
229. Municipality in default of owner or occupier may execute works and recover expenses.
(1)Where under the provisions of this Act any work is required to be executed by the owner or occupier of any building or land and default is made in the execution of such work, the municipality, whether any penalty is or is not provided for such default, may, after giving reasonable notice to the owner or occupier and taking into consideration the objections, if any, made within the period specified in the notice, cause such work to be executed; and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid to it by the person by whom such work ought to have been executed, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX either in one sum or by instalments as to the municipality may seem fit:Provided that-(a)Agreement for construction of drainage and water connections. - where any drainage scheme or water-works scheme has been commenced by any municipality, it shall be lawful for the municipality, without prejudice to its powers under section 162 of any other provisions of this Act, to make a special agreement with the owner of any building or land as to the manner in which the drainage or water-connection thereof shall be carried out, and the pecuniary or other assistance, if any, which the municipality shall render, and any payment agreed upon by the owner shall be recovered in accordance with the terms of such agreement or in default, in the manner described in sub-sections (2) and (3);(b)Improvement expenses. - where an order or requisition has been passed under sub-section (1) of section 147, sub-section (1) of section 149, sub-section (2) or (8) of section 155, or under sections 160, 162, 167 or 168 or where permission has been given under section 164, or where an arrangement has been made under proviso (a) of this sub-section, the municipality may without prejudice to any other powers under this Act, if it thinks fit, declare any expenses incurred by the municipality in the execution of such order or in the carrying out such requisition, permission or arrangement to be improvement expenses. Improvement expenses shall be a charge upon the premises or land, and shall be levied in such instalments as the municipality may decide, including interest at the rate of seven and a half percent, per annum, and shall be recoverable in the manner described in sub-sections (2) and (3).(2)Power to levy charges on occupier who may deduct the same from his rent. - If the defaulter be the owner of the building or land the municipality may, by way of additional remedy, whether a suit or proceeding has been brought or taken against such owner or not, require, subject to the provisions of sub-section (3), the payment of all or any part of the expenses payable by the owner for the time being from the person who then, or any time thereafter, occupies the building or land under such owner, and in default of payment thereof by such occupier on demand, the same may be levied from such occupier and every amount so leviable shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX; every such occupier shall be entitled to deduct from the rent payable by him to his landlord so much as has been so paid or recovered from such occupier in respect of any such expenses.(3)Occupiers not to be liable for more than the amount of rent due. - No occupier of any building or land shall be liable to pay more money in respect of any expense charged by this Act on the owner thereof, than the amount of rent which is due from such occupier for the building or land in respect of which such expenses arc payable, at the time of the demand made upon him or which at any time after such demand and notice not to pay rent to the landlord, has accrued and become payable by such occupier, unless he neglect or refuse, upon application made to him for that purpose by the municipality, truly to disclose the amount of his rent, and the name and address of the person to whom such rent is payable; but the burden of proof that the sum demanded of any such occupier is greater than the rent which was due by him at the time of such demand, or which has since accrued, shall be upon such occupier:Provided that nothing herein contained shall be taken to affect any special contract made between any such occupier and the owner respecting the payment of any such expenses as aforesaid.
